Istihqaq

Literally: to be deserving of a right. Technically: the coming to light of the fact that something is someone's right that must be given to him. Al-Majallah defined it as “the coming to light of the fact that a person deserves a monetary right”. Entitlement is of two types: 1) istihqaq that invalidates the ownership of all parties; e.g., discovery that a property is an endowment or public property; 2) istihqaq that transfers the ownership from one person to another; for example, if it becomes known after a sale that the commodity is not owned by the seller, the buyer deserves his money back and the real owner takes back his property. For further details see ISRA Compendium.


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